2 August 2011 Dearborn Couonty Commissioner Meeting Notes

2 August 2011 Dearborn County Commissioners Meeting Notes
These notes were graciously provided by Helen Kremer, Logan Township.

Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.

Jeff Hughes began the meeting at 6 p.m. with a Call to Order, and the Pledge of Allegiance.

The Public Hearing regarding Happy Hollow Road was placed on hold until later in the meeting due to a circumstance resulting in all sides not being present.

OLD BUSINESS:

Private Real Property Rights Preservation Ordinance – Jeff Hughes said they are making headway, and he discussed with the Planning Commission a survey to be sent to property owners of 100 acres or over, and then later send a survey to property owners with about 99 acres, 50 acres, 20 acres--to determine and evaluate what people think, if they like the idea. He believes they have a right to do it. We’ve had no applications here lately, is it because of the economy or are we doing something hard so that they can’t do anything? Jeff Hughes continued they are working on a form, and until they get feedback, it should be tabled for now.

Revised Jail Expansion Project. Tom Orschell said they need to talk to some of the Council people, and the item should be tabled.

GIS Fee Schedule – changes tabled at this time.

NEW BUSINESS:

Lola Materna of Patient Assistant.com stated the Patient Assistant cards are free discount prescription cards to help the uninsured, or underinsured of all ages, and all incomes with prescription costs. These cards are honored at all pharmacies, and there is no membership fee. Patient Assistant is a member of the Indiana County Commissioners organization. Ms. Materna requested the Commissioners to make these cards available to Dearborn County residents.

Jeff Hughes asked if these cards affect the cards that people already have, and how this affected the Maaco cards.

Ms. Materna said that Patient Assistant cards will not affect any prescription cards people have, but can be used in addition, side-by-side. This organization is a 501C3, not-for-profit organization that can give 50% discount on generics.

Hughes said if it doesn’t affect our cards, he motioned to make the Patient Assistant.com cards available. All ayes.

Fingerprinting Fees – Sheriff Mike Kreinhop asked the Commissioners to allow a $10.00 fingerprinting fee for providing people with fingerprinting cards. They are experiencing a steady flow of people, some requesting four cards at a time. Many employers, and even landowners renting apartments are requesting people have a fingerprint card. The State of Indiana charges $10.00 for this service. Sheriff Kreinhop also requested new equipment for this service--what they are using is “on its last legs”, and he wrote the Commissioners a letter regarding this proposal. The cost will be $600-$800 to replace, and also they need ink pads, which will be ongoing.

Orschell proposed they go forward with this request, and the $10 fees can go toward this new technology, and they can use those dollars to support this activity. All ayes.

OKI Resolution Regarding Sewer Service for Unincorporated Areas. Frank Kramer, attorney representing the Dearborn County Regional Sewer District (DCRSD), said DCRSD is a registered sewer district, overseeing water quality in Dearborn County. The Clean Water Act about 50 years ago resulted in OKI, in 1970, allocating parts of Dearborn County to South Dearborn Regional Sewer District (SDRSD). At the request of Mr. Thompson, the former Commissioner, OKI did an update, and had an advisory committee make recommendations. The recommendations resulted in a large portion of Dearborn County being assigned to SDRSD, and some to St. Leon. This is a conflict.
The OKI resolution is now before IDEM for their decision.

Mr. Renihan the President of the DCRSD, said he spoke with Mr. Orschell and discussed how this plan with OKI came about—a series of meetings, with a twenty member Advisory Committee, of which the Commissioners had a representative. Some of the people in Greendale and St. Leon were very vocal. The last meeting was not a fair vote, in his opinion, they were told no one was leaving—they were held hostage, under duress, until a vote was made.

The DCRSD has responded in writing to ask the Commissioners to make their position very clearly stated that they affirm the 2006 configurations that unincorporated areas in Dearborn County are to be under the jurisdiction of DCRSD.

Orschell said he believes representation in the county should only be with DCRSD.

Mr. Kramer said DCRSD has sewer lines on Stewart St., and under construction on Serenity Ridge, also sewer service for the West Harrison TIF district was awarded to the Harrison treatment plant by DCRSD.

Hughes said he wants to have citizens represented.

Travis Miller of OKI said he did not have the opportunity of sharing his opinions with the DCRSD. The Water Quality Plan has been going on for two years, with the former Commissioner working with IDEM, under AAR funding for OKI to update quality in Indiana and update quality in Ohio, a wide area of responsibility for OKI is underway with the Ohio EPA and IDEM. Miller said he was not involved from the beginning, but in the last 1-1/2 years there were twenty-four advisory committee members including the County Council, Dearborn County Planning Commission, all providers, the critical stake holders—which was a good cross-section. Also the Dearborn County website was made available throughout the process. The advisory committee was informed, we’ve done a fair job. This was not voted on final. We will have to come back to resolution. The Water Quality final form is with IDEM and OKI , the plans and study and contract has been met. Along with that the Assistant Commissioner of IDEM is tracking our work. Frank Kramer’s legal concerns to the Dearborn County district have also been raised by Greendale. SDRSD is a legal entity for a portion of the county, there are concerns for St. Leon. OKI’s legal counsel, and IDEM understands there are legal conflicts . OKI advanced the plan with a cover letter asking IDEM for declaration on these issues. If clarification is certifiable, the OKI board will have the committee attend before a declaration is made. In terms of designated areas—there are unincorporated areas—the lines were drawn reasonable, South Dearborn and Dillsboro, Harrison and West Harrison and Moores Hill—lines as stated. St. Leon area does include unincorporated areas serviced by St. Leon.

Hughes asked what is the recourse?

Miller said he would share the details with the Commissioners, and suggested they table the request until they hear from IDEM, because it will just be part of the package in front of IDEM.

Hughes asked Kramer if he looked at the documents.

Kramer said there was a court order for SDRSD in 1972 that defined the boundaries to Aurora, Lawrenceburg and Greendale. SDRSD goes to Guilford—if they don’t do anything about it, then we can, we should be under your designated planning agency.

Hughes said he agreed with Tom, somebody should negotiate for people, have someone on their side—DCRSD.

Orschell said go the 2006, for DCRSD. St. Leon put a lot of lines in unincorporated areas under their rule, they would have to negotiate with DCRSD.

Steve Renihan said in 1977, there were unincorporated areas involved with the SDRSD area, huge pollution problems. They want to go to good areas for sewer tap-ins and benefit, and leave the problem areas for us to fix.

Hughes said we shouldn’t be talking about others, no one in the sewer business should make money.

Renihan said it causes conflict. IDEM needs to know the Commissioners position—how you feel—we are reasonable people.

Hughes said he liked the resolution, the people are to be served, and we should have something we can have control of.

McHenry said this is quite a rift, disappointing, these are serious issues. What happens if we pass this regarding the map.

Kramer said it will be another factor to think about, the feeling of the Commissioners. This resolution makes your feelings felt—this has weight and merit.

Miller said although our Board at the OKI staff will not be considering this for two months, you might hold-off until we respond. We want to promote what is best and better. I will come back out for a future meeting.

McHenry stated OKI stayed neutral. The resolution is of the opinion that the people in unincorporated areas have voices.

Hughes said this was never about OKI against the county, Shane makes it clear.

Miller said understood. You are part of a representative group—planning capacity, corporated or unincorporated, that won’t go away.

Jeff Stenger (Board member of DCRSD). The whole Board, attorney and chairman wants you to know how we feel. I haven’t read the complete resolution but some of these hot spots under SDRSD, can limit us as a Board.

Orschell motioned to pass the resolution by Mr. Kramer for DCRSD.
McHenry asked if attorney Baudendistel had any issues .

Baudendistel said he had no opinion re OKI and Mr. Kramer. IDEM is to see if this is possible.

Miller said IDEM and legal issues.

Baudendistel stated he just received this resolution in the afternoon and did not have time to research case law.

McHenry seconded the motion. All ayes. Resolution passed #009. Orschell had Kramer read the resolution in the record.

PUBLIC HEARING: Motion to Open – HAPPY HOLLOW ROAD:

Jeff Stenger, surveyor, representing the Engles, said he didn’t have all the information formed, but the Engles do have road frontage. Stenger is in the process of filing the frontage, which is 2.49 feet. So, it is yes on the ROW.

Orschell asked what is limited in foot frontage on the road.

Stenger replied it touches the road that is all we need to know. Engles and Lykens have to resolve this issue, and are not able to do so. It has been tabled, and everything fell apart. I apologize for not having finished all problems and issues with this project.

Baudendistel read four objectives, and if one or more are met, the Commissioners can approve. Of the four read, the second one might/or might not apply which refers to a hardship.

John Engle owns the family farm, which has been in the family for 60 years, he owned all sections. Over the years, due to drop-offs into the creek, the culvert moved. He showed a 1962 map where the road is in the disputed area. He has talked to the county, will work with them, and he is not going to bad-mouth anyone. His grandfather had the property surveyed in 1949, and they have used that road for five generations.

Ray Engle spoke—he is the owner now of 30 acres. The terrain is very hilly, and it will be very costly to put in a road.

Rob Seig(?) representing Dave Lykins, Jr. apologized for being late. He said that the four items read by Attorney Baudendistel did not affect the Engles, in his opinion. Also, if Jeff Stenger’s survey is correct, 2.49 feet on the ROW doesn’t touch the road. Also, their surveys disagree. Explaining some of the differences, he said that you have to look at several things sequentially to determine the lines, including deeds and monuments. There are junior and senior rights. The line didn’t touch the road by two different surveys.

Stenger said with all do respect, he did not think the Commissioners were in a position to make a decision because they were not surveyors. Mr. Engle could lose access to property, his only access, he needs an easement of necessity.

Orschell thought this should be a judge’s decision—two conflicting surveys. He said the Planning and Zoning Committee made no recommendation for vacation based on reasonable discrepancies of ROW, which is beyond our decision—it should go to the next level.

Baudendistel said Tom was correct, there are competing surveys, but if the survey found the ROW, a decision might have to be made.

Hughes said we have a lot of information , maybe it is not a Commissioner’s decision.
McHenry agreed, he didn’t feel right about making a decision.

Baudendistel said with reference to Legislative Body Magazine Tablet Section 280, the issue of whether it touches the ROW may need to be resolved. He will investigate, talk to other attorneys to see if the Commissioners have to make a decision.

Orschell motioned to table until the next meeting. All ayes.


HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer

Todd Listerman had a change order #2 for the George St. Bridge of $3,790.40. The only cost to the County was $758.08 because the portals disintegrated in the front and they had to replace them. Approved—all ayes.

Listerman needed signatures for INDOT for ROW on North Dearborn Rd. so projects can proceed. Certification signed—approved—all ayes.

County originally received $1 million for Collier Ridge, there is now a supplement to replace the $1 million for $2 million. Approved and signed—all ayes.

AUDITOR: Gayle Pennington

Gayle Pennington received a notice from the State Election Commission stating the General Assembly requires, under 1601, Sec. 13, that County Commissioners review precincts and file notification if you see errors. She stated the Commissioners have been looking at the census, and they have an August 4th deadline to sign--in order to comply. Discrepancies do not have to be sent in until January 12, 2012—to complete work with redistricting. Approved and signed by Commissioners.

There was a request from a person in the Highway Department regarding a situation of a personnel position which was available and filled without public notice for seven calendar days. The position has been posted and proper procedures will be followed by recommendation of the Personnel Advisory Committee. Approved—all ayes.

Pennington said the Beacon website being visited more everyday—60 visits per day, over 1,000 in July.

Pennington requested Commissioners look at claims and accept. The payroll and utilities docket page was not available for signature because of an oversight, they can sign downstairs. Reviewed, approved, and signed claims accepted by Commissioners. All ayes.

ATTORNEY: Andy Baudendistel

Resolutions for Municipalities - for West Harrison—resolution 10.
Approved--all ayes.

Tort Claims from Insurance company notice per Ewbank.

We received notice from the FCC regarding consultants we have used, which they do not seem to like. Several municipalities have been named besides Dearborn County--Aurora, Lawrenceburg, all regarding cell phone towers and $8,500 being put into escrow. I’m going to check with Mr. McCormick of Planning and Zoning regarding this matter.

COUNTY COORDINATOR: Bill Ewbank

OKI is asking for the Commissioners to sign an agreement to nominate them to secure a grant from HUD, making approximately $70 million available for the OKI area, and they are asking our area to support their efforts. OKI is the lead applicant. The program will provide transportation choices, equitable affordable housing, enhance economic competitiveness, support recycling, safeguard rural landscapes, encourage smart energy uses, and enhance unique walkable neighborhoods.

Travis Miller said this will help to update the regional plan, and the strategic land use plan.

Jeff Hughes said he was certainly in favor of it.
Approved—all ayes.

COMMISSIONER COMMENTS: Tom Orschell

Orschell said he received a call for a Canine Seminar which is held once a year. The officer wants to use a demolished building for the seminar from Sept. 12-16th for demonstrations.

After discussions with Bill Ewbank, it was decided that the Building inspector should find out why the building is out-of-service, and if it is appropriate to use the building for this seminar.

Orschell also stated he received a call from a woman in Bright about seven pine trees cut down by her home. They had planted the trees, not realizing initially that they were on county property. Later on they realized they were on county property, but no one spoke to them when the county came and cut down the trees. It was determined the authorization came from the Tech Review Committee, The next time, Tom Orschell wants the Tech Review or Planning Commission to contact the people affected by these decisions ahead of time. Tom said it is the neighborly thing to do.

Meeting adjourned at 8:25 p.m.

Helen Kremer
Logan Township